Ajeet Khan vs The State Of Madhya Pradesh
2024 Latest Caselaw 16582 MP

Madhya Pradesh High Court

Ajeet Khan vs The State Of Madhya Pradesh on 6 June, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                        1
                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                               CRR No. 2465 of 2024
                                         (AJEET KHAN Vs THE STATE OF MADHYA PRADESH)

                         Dated : 06-06-2024
                               Mr. Prasoom Maheshwari - Advocate for the petitioner.

                               Mr. Sushant Tiwari - Public Prosecutor for the respondent - State.

Heard on the question of admission.

Perused the impugned judgment.

The revision being arguable is admitted for final hearing.

Also, heard on I.A. No. 10059/2024, an application u/S. 397 (1) of

Cr.P.C. for suspension of jail sentence and grant of bail to the petitioner.

Present criminal revision has been filed against the judgment dated

24.4.2024 passed by Second Additional Sessions Judge, District Gwalior

(M.P.) in Cr.A. No.33/2023 affirming the judgment of conviction and

sentence dated 10.3.2023 passed by JMFC, Dabra, District Gwalior,

whereby petitioner has been convicted under Section 304-A (two counts)

of the IPC and sentenced to undergo rigorous imprisonment of one year

with fine of Rs.1000/- with default stipulation.

Learned counsel for the appellant submitted that petitioner has

wrongly been convicted by the Courts below without appreciating the

evidence available on record. There are material contradictions and

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

(AJEET KHAN Vs THE STATE OF MADHYA PRADESH)

omissions in the statement of the prosecution witnesses. It is further

submitted that petitioner was on bail during trial as well as during appeal

and did not misuse the liberty so granted. Present criminal revision is

likely to take long time to conclude. Hence, prayed for suspension of jail

sentence and grant of bail to the petitioner looking to the short period of

jail sentence.

Per contra, learned State counsel opposed the application and

prayed for its rejection.

Heard learned counsel for the rival parties.

Considering the facts and circumstances of the case as well as short

period of jail sentence, application (I.A. No. 10059/2024) is allowed.

Subject to depositing of fine amount, if not already deposited, and on

furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand only)

with a solvent surety of the like amount to the satisfaction of the

concerning trial Court, the remaining jail sentence of the petitioner shall

remain suspended and he be released on bail. The petitioner is further

directed to mark his appearance before the trial Court on 12/12/2024 and

on subsequent dates given to him in this regard, till final disposal of this

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR

(AJEET KHAN Vs THE STATE OF MADHYA PRADESH)

appeal.

List this case for final hearing in due course.

A copy of this order be sent to the concerned Court below for

compliance.

                                                            (DWARKA DHISH BANSAL)
                 AKS                                              V. JUDGE